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Land Registration (Scotland) Act 1979

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This is the original version (as it was originally enacted).

10Positive prescription in respect of registered interests in land

Section 1 of the Prescription and Limitation (Scotland) Act 1973 shall have effect as if—

(a)after " followed " in paragraph (b) of subsection (1) there were inserted

(i)and for the words from " then " to the end of that subsection there were inserted ",or

(ii)registration of that interest in favour of that person in the Land Register of Scotland, subject to an exclusion of indemnity under section 12(2) of the Land Registration (Scotland) Act 1979,

then, as from the expiration of the said period, the validity of the title so far as relating to the said interest in the particular land shall be exempt from challenge. (1A) Subsection (1) above shall not apply where—

(a)possession was founded on the recording of a deed which is invalid ex facie or was forged ; or

(b)possession was founded on registration in respect of an interest in land in the Land Register of Scotland proceeding on a forged deed and the person appearing from the Register to be entitled to the interest was aware of the forgery at the time of registration in his favour " ;

(b)at the end of subsection (2) there were added

or which is registrable in the Land Register of Scotland..

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